Tenth Circuit Decides Hooper v. City of Tulsa . . . Hooper 7, Tulsa 0

Here is the opinion in Hooper v. City of Tulsa.

Briefs here and here.

Substitute Hooper for Haley and Oklahoma for United States.

Tenth Circuit Reverses Jimcy McGirt’s Conviction, Orders New Trial

Here is the opinion:

Briefs:

Tenth Circuit Rejects Habeas Petition from Prisoner Asserting McGirt-Type Claims

Here is the opinion in McGill v. Rankin.

Available brief here:

We don’t post many of these post-McGirt prisoner cases, but this is exemplary of the numerous rejected habeas petitions filed by prisoners claiming to be Indian and convicted of crimes inside of Indian country. This person was convicted of a crime in 2001. This was his fifth habeas petition, filed in 2023, and the first raising McGirt-related claims. This footnote is as close as these late habeas petitioners get to relief:

We note that another Oklahoma prisoner also successfully made the same argument as Mr. McGirt, which the Supreme Court recognized in its decision. See McGirt, 140 S. Ct. at 2460 (“While Oklahoma state courts have rejected any suggestion that the lands in question remain a reservation, the Tenth Circuit has reached the opposite conclusion.” (citing Murphy v. Royal, 875 F.3d 896, 907-09, 966 (10th Cir. 2017)). In Murphy, we issued a writ of habeas corpus after agreeing with the petitioner that he should not have been tried in state court but instead “should have been tried in federal court because he is an Indian and the offense occurred in Indian country.” 875 F.3d at 903.

It’s not much, eh? Remember Oklahoma in 2017-18?

Oklahoma’s cert petition in Royal v. Murphy (later Sharp v. Murphy).

Maybe yes (maybe?) on the pending prosecutions, but not so much the existing convictions, eh? Hmmmm.

Supplemental Briefs on Standing in Hooper v. Tulsa

Here:

Oral argument audio here.

Briefs here.

Jaune Smith

Tenth Circuit Oral Argument Audio in Hooper v. City of Tulsa

Here.

Briefs here.

Teepee incense here:

Tenth Circuit Rules in Favor of Jemez Pueblo’s Aboriginal Rights Suit re: Valles Caldera

Here is the opinion in Pueblo of Jemez v. United States.

An excerpt:

In our circuit, both before and after Jemez I, the Jemez Pueblo could lose its established aboriginal title to Banco Bonito only if its title had been extinguished or abandoned. And the district court concluded that neither of those conditions had occurred. So in accordance with longstanding Supreme Court precedent, and by the district court’s findings, the Jemez Pueblo still has aboriginal title to Banco Bonito.

Links to briefs and lower court materials here.

Tenth Circuit Briefs in United States v. Murphy [yes, that Murphy]

Here:

Mr. Murphy prevailed against Oklahoma in the Supreme Court following the McGirt decision, but was immediately prosecuted and convicted by the United States. He is now challenging the federal government’s delay.

Tenth Circuit Rules in Favor of Oil and Gas Extractors in Royalties Dispute [Wind River Reservation]

Here is the opinion in Merit Energy Company LLC v. Haaland.

Briefs:

Utah Federal Court Orders Exhaustion of Tribal Remedies in Ute Banishment Case

Here are the new materials in Chegup v. Ute Indian Tribe of the Unitah and Ouray Indian Reservation (D. Utah), formerly Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation:

Tenth Circuit materials here. Earlier materials in the district court here.

Tenth Circuit Rules against Cherokee Companies in Employee Poaching Suit

Here are the materials in LS3 Inc. v. Cherokee Nation Strategic Programs LLC:

From Sarah Cooper’s 10 Tricks to Appear Smart in Meetings